Professional Documents
Culture Documents
The state shall empower the agricultural and fisheries sector to develop and sustain themselves.
Toward this end,the State shall unsure the development of the agriculture and fisheries sectors in
accordance with the following principles:
a) Poverty Alleviation and Social Equity. - The State shall ensure that the poorer sectors of
society have equitable access to resources, income opportunities, basic and support
services and infrastructure especially in areas where productivity is low as a means of
improving their quality of life compared with other sectors of society;
b) Food Security. - The State shall assure the availability, adequacy, accessibility of food
supplies to all at all times;
c) Rational Use of Resources. - The State shall adopt a rational approach in the allocation of
public investments in agriculture and fisheries in order to assure efficiency and effectiveness
in the use of scarce resources and thus obtain optimal returns on its investments;
d) Global Competitiveness. - The State shall enhance the competitiveness of the agriculture
and fisheries sectors in both domestic and foreign markets;
e) Sustainable Development. - The State shall promote development that is compatible with
the preservation of the ecosystem in areas where agriculture and fisheries activities are
carried out. The State should exert care and judicious use of the country's natural resources
in order to attain long-term sustainability;
f) People Empowerment. - The State shall promote people empowerment by enabling all
citizens through direct participation or through their duly elected, chosen or designated
representatives the opportunity to participate in policy formulation and decision-making by
establishing the appropriate mechanisms and by giving them access to information; and
g) Protection from Unfair Competition. - The State shall protect small farmers and fisher folk
from unfair competition such as monopolistic and oligopolistic practices by promoting a
policy environment that provides them priority access to credit and strengthened
cooperative-based marketing system.
Section 3. Statement of Objectives. - This Act shall have the following objectives:
a) To modernize the agriculture and fisheries sectors by transforming these sectors from a
resource-based to a technology-based industry;
b) To enhance profits and incomes in the agriculture and fisheries sectors, particularly the
small farmers and fisherfolk, by ensuring equitable access to assets, resources and services,
and promoting higher-value crops, value-added processing, agribusiness activities, and
agro-industrialization;
c) To ensure the accessibility, availability and stable supply of food to all at all times;
d) To encourage horizontal and vertical integration, consolidation and expansion of
agriculture and fisheries activities, group functions and other services through the
organization of cooperatives, farmers' and fisherfolk's associations, corporations, nucleus
estates, and consolidated farms and to enable these entities to benefit from economies of
scale, afford them a stronger negotiating position, pursue more focused, efficient and
appropriate research and development efforts and enable them to hire professional
managers;
e) To promote people empowerment by strengthening people's organizations, cooperatives
and NGO's and by establishing and improving mechanisms and resources for their
participation in government decision-making and implementation;
f) To pursue a market-driven approach to enhance the comparative advantage of our
agriculture and fisheries sectors in the world market;
g) To induce the agriculture and fisheries sectors to ascend continuously the value-added
ladder by subjecting their traditional or new products to further processing in order to
minimize the marketing of raw, unfinished or unprocessed products;
h) To adopt policies that will promote industry dispersal and rural industrialization by
providing incentives to local and foreign investors to establish industries that have backward
linkages to the country's agriculture and fisheries resource base;
i) To provide social and economic adjustment measures that increase productivity and
improve market efficiency while ensuring the protection and preservation of the environment
and equity for small farmers and fisherfolk; and
j) To improve the quality of life of all sectors.
Section 4. Definition of Terms. "Agrarian Reform Community" is a barangay at the minimum or a cluster of contiguous
barangays where there is a critical mass of farmers or farm workers and which features the
main thrust of agrarian development land tenure improvement and effective delivery of
support services.
"Agricultural Lands" refers to lands devoted to or suitable for the cultivation of the soil,
planting of crops, growing of trees, raising of livestock, poultry, fish or aquiculture production,
including the harvesting of such farm products, and other farm activities and practices
performed in conjunction with such farming operations by persons whether natural or
juridical and not classified by the law as mineral land, forest land, residential land,
commercial land, or industrial land.
"Agricultural Land Use Conversion" refers to the process of changing the use of agricultural
land to non-agricultural uses.
"Agricultural Sector" is the sector engaged in the cultivation of the soil, planting of crops,
growing of fruit trees, raising of livestock, poultry, or fish, including the harvesting and
marketing off such farm products, and other farm activities and practices.
"Agricultural Mechanization" is the development, adoption, manufacture and application of
appropriate location-specific, and cost-effective agricultural technology using human, animal,
mechanical, electrical and other non-conventional sources of energy for agricultural
production and post-harvest operations consistent with agronomic conditions and for efficient
and economic farm management.
"Agriculture and Fisheries Modernization" is the process of transforming the agriculture and
fisheries sectors into one that is dynamic, technologically advanced and competitive yet
centered on human development guided by the sound practices of sustainability and the
principles of social justice.
"Agro-Processing Activities" refers to the processing of raw agricultural and fishery products
into semi-processed or finished products which include materials for the manufacture for
food and/or non-food products, pharmaceuticals and other industrial products.
"Banks" collective used, means government banks and private banks, rural banks and
cooperative banks.
"Basic Needs Approach to Development" involves the identification, production and
marketing of wage goods and services for consumption of rural communities.
"Communal Irrigation System (CIS)" is an irrigation system that is managed by a bona fide
Irrigators Association.
"Competitive Advantage" refers to competitive edge in terms of product quality and/or price.
It likewise refer to the ability to produce a product with the greatest relative efficiency in the
use of resources.
"Cooperatives" refers to duly registered associations of persons with a common bond of
interest who have voluntarily joined together to achieve a lawful common social and
economic end, making equitable contributions to the capital required and accepting a fair
share of the risks and benefits of the undertaking in accordance with universally accepted
cooperatives principles.
"Department" refers to the Department of Agriculture.
"Economic Scale " refers to the minimum quantity of volume of goods required to be efficient.
"Economies of Scale" refers to the decrease in unit cost as more units are produced due to
the spreading out of fixed costs over a greater number of units produced.
"Empowerment" involves providing authority, responsibility and information to people directly
engaged in agriculture and fishery production, primarily at the level of the farmers, fisher folk
and those engaged in food and non-food production and processing, in order to give them
wider choices and enable them to take advantage of the benefits of the agriculture and
fishery industries.
"Extension Services" refers to the provision of training, information, and support services by
the government and non-government organizations to the agriculture and fisheries sectors to
improve the technical, business, and social capabilities of farmers and fisher folk.
"Farmer's and Fisherfolk's Organizations or Associations" refer to farmers and fisherfolks
cooperatives, associations or corporations duly registered with appropriate government
agencies and which are composed primarily of small agricultural producers, farmers, farm,
workers, agrarian reform beneficiaries, fisher folk who voluntarily join together to form
business enterprises or non-business organizations which they themselves own, control and
patronize.
"Farm-to-Market Roads" refer to roads linking the agriculture and fisheries production sites,
coastal landing points and post-harvest facilities to the market and arterial roads and
highways.
"Fisheries" refers to all systems or networks of interrelated activities which include the
production, growing, harvesting, processing, marketing, developing, conserving, and
managing of all aquatic resources and fisheries areas.
"Fisheries Sector" is the sector engaged in the production, growing, harvesting, processing,
marketing, developing, conserving, and managing of aquatic resources and fisheries areas.
"Fishing" refers to the application of techniques using various gear in catching fish and other
fisheries products.
"Fishing Grounds" refers to areas in any body of water where fish and other aquatic
resources congregate and become target of capture.
"Food Security" refers to the policy objective, plan and strategy of meeting the food
requirements of the present and future generations of Filipinos in substantial quantity,
ensuring the availability and affordability of food to all, either through local production or
importation, of both, based on the country's existing and potential resource endowment and
related production advantages, and consistent with the over all national development
objectives and policies. However, sufficiency in rice and white corn should be pursued.
"Fresh Agricultural And Fishery Products" refers to agricultural and fisheries products newly
taken or captured directly from its natural state or habitat, or those newly harvested or
gathered from agricultural areas or bodies of water used for aquiculture.
"Global Competitiveness" refers to the ability to compete in terms of price, quality and value
of agriculture and fishery products relative to those of other countries.
"Gross Value-Added" refers to the total value, excluding the value of non-agricultural of
fishery intermediate inputs, of goods and services contributed by the agricultural and
fisheries sectors.
"Head works" refers to the composite parts of the irrigation system that divert water from
natural bodies of water such as river, streams, and lakes.
"Industrial Dispersal" refers to the encouragement given to manufacturing enterprises to
establish their plants in rural areas. Such firms normally use agricultural raw materials either
in their primary or intermediate state.
"Irrigable Lands" refers to lands which display marked characteristics justifying the operation
of an irrigation system.
"Irrigated Lands" refers to lands services by natural irrigation or irrigation facilities. These
include lands where water is not readily available as existing irrigation facilities need
rehabilitation or upgrading or where irrigation water is not available year-round.
"Irrigation System" refers to a system of irrigation facilities covering contiguous areas.
"Primary Processing" refers to the physical alteration of raw agricultural or fishery products
with or without the use of mechanical facilities.
"Post-Harvest Facilities" includes, but is not limited to , threshing, drying, milling, grading ,
storing, and handling of produce and such other activities as stripping, winnowing, chipping
and washing.
"Post -Harvest Facilities" includes, but it is not limited to, threshers, moisture meters, dryers,
weighing scales, milling equipment, fish ports, fish landings, ice plants and cold storage
facilities, processing plants, warehouses, buying stations, market infrastructure and
transportation.
"Premature Conversion of Agricultural Land" refers to the undertaking of any development
activity, the results of which modify or alter the physical characteristics of the agricultural
lands to render them suitable for non-agricultural purposes, without an approved order of
conversion from the DAR.
"Resource Accounting" refers to a tracking changes in the environment and natural
resources biophysically and economically (in monitory terms)
"Resource-based" refers to the utilization of natural resources.
"Rural Industrialization" refers to the process by which the economy is transformed from one
that is predominantly agricultural to one that is dominantly industrial and service-oriented.
Agriculture provides the impetus and push for industry and services through the market that
it creates, the labor that it absorbs, and the income that it generates which is channeled to
industry and services. As development continues, with agriculture still an important sector,
industry and services begin to generate income and markets and concomitantly increase
their share of total income.
"Strategic Agriculture and Fisheries Development Zones (SAFDZ)" refers to the areas within
the NAPAAD identified for production, Agro-Processing and marketing activities to help
develop and modernize, either the support of government, the agriculture and fisheries
sectors in an environmentally and socio-cultural sound manner.
"Secondary Canal" refers to the channel connected to the main canal which distributes
irrigation to specific areas.
"Secondary Processing" refers to the physical transformation of semi-processed agricultural
or fishery products.
"Shallow Tube Well (STW)" refers to a tube or shaft vertically set into the ground for the
purpose of bringing ground water to the soil surface from a depth of less than 20 meters by
suction lifting.
"Small Farmers and Fisherfolk" refers to natural person dependent on small-scale
subsistence farming and fishing activities as their primary source of income.
"Small and Medium Enterprise (SME)" refers to any business activity or enterprise engaged
in industry, agribusiness and/or services, whether single proprietorship, cooperative,
partnership or corporation whose total assets, inclusive of those arising from loans but
exclusive of the land on which the particular business entity's office, plan and equipment are
situated, must have value falling under the following categories:
Micro - not more than P 1,500,000
Small - P 1,500,001 to P 15,000,000
Medium - P15,000,001 to P 60,000,000
The Department, in consultation with the Congressional Oversight Committee on Agricultural
and Fisheries Modernization, may adjust the above values as deemed necessary.
"Socio-culturally Sound" means the consideration of the social structure of the community
such as leadership pattern, distribution of roles across gender and age groups, the diversity
of religion and other spiritual beliefs, ethnicity and cultural diversity of the population.
"Technology-based" refers to utilization of technology.
"Zoning Ordinance" refers to a local legislation approving the development land use plan and
providing for the regulations and other conditions on the uses of land including the limitation
of the infrastructure that may be placed within the territorial jurisdiction of a city or
municipality.
TITLE I
PRODUCTION AND MARKETING SUPPORT SERVICES
Chapter 1
Strategic Agricultural and Fisheries Development Zones
Section 5. Declaration of Policy. - It is the policy of the State to ensure that all sectors of the
economy and all regions of the country shall be given optimum opportunity to develop through the
rational and sustainable use of resources peculiar to each area in order to maximize agricultural
productivity, promote efficiency and equity and accelerate the modernization of the agriculture and
fisheries sectors of the country.
Section 6. Network of Areas for Agricultural and Agro-Industrial Development. - The
Department shall, within six (6) months after the approval of this Act, and in consultation wit the local
government units , appropriate government agencies, concerned non-government organizations
(NGOs)and organized farmers' and fisherfolk's groups, identify the strategic Agriculture and
Fisheries Development Zones (SAFDZ) within the network of protected areas for agricultural and
agro-industrial development to ensure that lands are efficiently and sustainably utilized for food and
non-food production and agro-industrialization.
The SAFDZ which shall serve as centers where development in the agriculture and fisheries sectors
are catalyzed in an environmentally and socio-cultural sound manner, shall be identified on the basis
of the following criteria
a. Agro-climatic and environmental conditions giving the area as competitive advantage in
the cultivation, culture, production and processing of particular crops, animals and aquatic
products;
b. Strategic location of the area for the establishment of agriculture or fisheries infrastructure,
industrial complexness, production and processing zones;
c. Strategic location and of the area for market development and market networking both at
the local and international levels; and
d. Dominant presence of agrarian reform communities (ARCs) and/or small owner-cultivators
and amortizing owners/agrarian reform beneficiaries and other small farmers and fisher folk
in the area.
The SAFDZ shall have an integrated development plan consisting of production, processing,
investment, marketing, human resources and environmental protection components.
Section 7. Modern Farms. - The Department in coordination with the local government units (LGUs)
and appropriate government agencies, may designate agrarian reform communities (ARCs) and
other areas within the SAFDZ suitable for economic scale production which will serve as model
farms.
Farmer-landowners whose lands are located within these designated areas shall be given the option
to enter into a management agreement with corporate entities with proven competence in farm
operations and management, high-end quality production and productivity through the use of up-todate technology and collateral resources such as skilled manpower, adequate capital and credit, and
access to markets, consistent with the existing laws.
Section 8. Mapping. - The Department, through the Bureau of Soils and Water Management
(BSWM), in coordination with the National Mapping and Resource Information Authority (NAMRIA)
and the Housing and Land Use Regulatory Board (HLURB) shall undertake the mapping of network
of areas for agricultural and agro-industrial development for all municipalities, cities and an
appropriate scale. The BSWM may call on other agencies to provide technical and other logistical
support in this undertaking .
Section 9. Delineation of Strategic Agriculture and Fisheries Development Zones. - The
Department, in consultation with the Department of Agrarian Reform, the Department of Trade and
Industry, the Department of Environment and Natural Resources, Department of Science and
Technology, the concerned LGU's, the organized farmers and fisher folk groups, the private sector
and communities shall, without prejudice to the development of identified economic zones and free
ports, establish and delineate based on sound resource accounting, the SAFDZ within one (1) year
from the effectivity of this Act.
All irrigated lands, irrigable lands already covered by irrigation a projects with firm funding
commitments, and lands with existing or having the potential for growing high-value crops so
delineated and included within the SAFDZ shall not be converted for a period of five (5) years front
the effectivity for this Act: Provided, however,That not more than five percent (5%) of the said lands
located within the SAFDZ may be converted upon compliance with existing laws, rules, regulations,
executive order and issuances, and administrative orders relating to land use conversion: Provided,
further, That thereafter 1) a review of the SAFDZ, specifically of the productivity of the areas,
improvement of the quality of life of farmers and fisher folk, and efficiency and defectiveness of the
support services shall be conducted by the Department and the Department of Agrarian Reform, in
coordination with the Congressional Oversight Committee on Agricultural Committee and Fisheries
Modernization; 2) conversion may be allowed, if at all, on a case-to-case basis subject to existing
laws, rules, regulations, executive orders and issuances, and administrative orders governing land
use conversion; 3) in case of conversion, the land owners will pay the Department the amount
equivalent to the government's investment cost including inflation.
Section 10. Preparation of Land Use and Zoning Ordinance. - Within one (1) year from the
finalization of the SAFDZ, in every city and municipality, all cities and municipalities shall have
prepared their respective land use and zoning ordinance incorporating the SAFDZ, where
applicable. Thereafter, all land use plans and zoning ordinances shall be updated every four (4)
years or as often as may be deemed necessary upon the recommendation of the Housing and Land
Use Regulatory Board and must be completed within the first year of the term of office of the mayor.
If the cities/municipalities fail to comply with the preparation of zoning and land use plans, the DILG
shall impose the penalty as provided for under Republic Act No.7160
Section 11. Penalty for Agricultural Inactivity and Premature Conversion. - Any person or
juridical entity who knowingly or deliberately causes any irrigated agricultural lands seven (7)
hectares or larger, whether contiguous for not, within the protected areas for agricultural
development, as specified under Section 6 in relation to Section 9 of this Act, to lie idle and
unproductive for a period exceeding one (1) year, unless due to force majeure, shall be subject to an
idle land tax of Three Thousand Pesos (P3,000.00) per hectare per year. In addition, the violator,
shall be required to put back such lands to productive agricultural use. Should the continued
agricultural inactivity, unless due to force majeure, exceed a period of two (2) years, the land shall be
subject to escheat proceedings.
Any person found guilty of premature or illegal conversion shall be penalized with imprisonment of
two (2) to six (6) years, or a fine equivalent to one hundred percent (100%) of the government's
investment cost, or both, at the discretion of the court, and an accessory penalty of forfeiture of the
land and any improvement thereon.
In addition, the DAR may impose the following penalties, after determining, in an administrative
proceedings, that violation of this law has been committed:
a. Consolation or withdrawal of the authorization for land use conversion; and
b. Backlisting, or automatic disapproval of pending and subsequent conversion applications
that they may file with the DAR.
Section 12. Protection of Watershed Areas. - All watersheds that are sources of water for existing
and potential irrigable areas and recharge areas of major aquifers identified by the Department of
Agriculture and the Department of Environment and Natural resources shall be preserves as such at
all times.
Chapter 2
Agriculture and Fisheries Modernization Plan
Section 13. Agriculture and Fisheries Modernization Plan (AFMP). - The Department, in
consultation with the farmers and fisher folk, the private sector, NGOs, people's organizations and
the appropriate government agencies and offices, shall formulate and implement a medium- and
long-term comprehensive Agriculture and Fisheries Modernization Plan.
The Agriculture and Fisheries Modernization Plan shall focus on five (5) major concerns:
a. Food security;
Section 16. Global Climate Change. - The Department, in coordination with the Philippine
Atmospheric, Geophysical and Astronomical Service Administration (P. A. G. A. S. A.) and such other
appropriate government agencies, shall devise a method of regularly monitoring and considering the
effect of global climate changes, weather disturbances, and annual productivity cycles for the
purpose of forecasting and formulating agriculture and fisheries production programs.
Section 17. Special Concerns. - The Department shall consider the following areas of concerns,
among other in formulating the AFMP:
a. Strategies and programs aimed to achieve growth and profitability targets in the context of
the constraints and challenges of the World Trade Organization (WTO);
b. Programs arising from the implementation of the Agrarian Reform Program;
c. Identification of SAFDZ;
d. Infrastructure and market support for the SAFDZ;
e. Infrastructure support to make agriculture and fisheries production inputs, information and
technology readily available to farmers, fisherfolk, cooperatives and entrepreneurs;
f. Credit programs for small farmers and fisher folk, and agricultural graduates;
g. Comprehensive and integrated agriculture and fisheries research, development and
extension services;
h. Preservation of biodiversity, genetic materials and the environment;
i. Adequate and timely response against environmental threats to agriculture and fisheries;
j. Rural non-farm employment;
k. Access to aquatic resources by fisher folk;
l. Basic needs program for the impoverished sectors of society who will be affected by
liberalization;
m. Indigenous peoples;
n. Rural youth;
o. Women;
p. Handicapped persons; and
q. Senior citizens.
Section 18. Monitoring and Evaluation. - The Department shall develop the capability of
monitoring the AFMP through a Program Benefit Monitoring and Evaluation System (PBMES). In
addition, it can secure the services of independent consultants and external evaluators in order to
assess its over-all impact. The Department shall make periodic reports to the Congressional
Oversight Committee on Agriculture and Fisheries Modernization.
Section 19. Role of Other Agencies. - All units and agencies of the government shall support the
Department in the implementation of the AFMP.
In particular, the Department of Public Works and Highways shall coordinate with the Department
with respect to the infrastructure support aspect of the plan order to accomplish networking of
related infrastructure facilities.
The Department of Interior and Local Government shall provide assistance to the Department in
mobilizing resources under the control of local government units.
The Department of Trade and Industry, Agrarian Reform, Science and Technology, and Environment
and Natural Resources shall coordinate their investment programs and activities to complement the
Department's implementation of the AFMP.
The Department of Education, Culture and Sports, the Technical Educational and Skills
Development Authority, the Department of Health with the Department of Social Services and
Development shall coordinate with the Department to determine the financial requirements of small
farmers and fisherfolk to adjust to the effects of modernization as envisioned in the Agriculture and
Fisheries Modernization Plan.
The departments referred above shall be required to identify in their budget proposals the allocation
intended for the improvement of the environmental and other conditions affecting agriculture and
fisheries.
Congressional initiatives shall also be coordinated by the Committees on Agriculture on both Houses
to complement and enhance the programs and activities of the Department in the implementation of
the AFMP.
Chapter 3
Credit
Section 20. Declaration of Policy. - It is hereby declared the policy of the State to alleviate poverty
and promote vigorous growth in the countryside through access to credit by small farmers, fisher
folk, particularly the women involved in the production, processing and trading of agriculture and
fisheries products and the small and medium scale enterprises (SMEs) and industries engaged in
agriculture and fisheries.
Interest rates shall be determined by market forces, provided that existing credit arrangements with
agrarian reform beneficiaries are not affected. Emphasis of the program shall be on proper
management and utilization.
In this regard, the State enjoins the active participation of the banking sector and government
financial institutions in the rural financial system.
Section 21. Phase-out of the Directed Credit Programs (DCPs) and Provision for the AgroIndustry Modernization Credit and Financing Program (AMCPP). - The Department shall
implement existing DCPs; however, the Department shall, within a period of four (4) years from the
effectivity of this Act, phase-out all DCPs and deposit all its loanable funds including those under the
Comprehensive Agricultural Loan Fund (CALF) including new funds provided by this Act for the
AMCFP and transfer the management thereof to cooperative banks , rural banks, government
financial institutions and viable NGOs for the Agro-Industry Modernization Credit Financing Program
(AMCFP). Interest earnings of the said deposited loan funds shall be reverted to the AMCFP.
Section 22. Coverage. - An agriculture, fisheries and agrarian reform credit and financing system
shall be designed for the use and benefit of farmers, fisher folk those engaged in food and non-food
production, processing and trading, cooperatives, farmers'/fisherfolk's organization, and SMEs
engaged in agriculture hereinafter referred to in this chapter as the "beneficiaries"
Section 23. Scope of the Agro-Industry Modernization Credit and Financing Program
(AMCFP).. - The Agro-Industry Modernization Credit and Financing Program shall include the
packaging and delivery of various credit assistance programs for the following:
a. Agriculture and fisheries production including possessing of fisheries and agri-based
products and farm inputs;
b. Acquisition of work animals, farm and fishery equipment and machinery;
c. Acquisition of seeds, fertilizer, poultry, livestock, feeds and other similar items;
d. Procurement of agriculture and fisheries products for storage, trading , processing and
distribution;
e. Acquisition of water pumps and installation of tube wells for irrigation;
f. Construction , acquisition and repair of facilities for production, processing , storage,
transportation, communication, marketing and such other facilities in support of agriculture
and fisheries;
g. Working capital for agriculture and fisheries graduates to enable them to engage in
agriculture and fisheries related economic activities;
h. Agribusiness activities which support soil and water conservation and ecology-enhancing
activities;
i. Privately-funded and LGU-funded irrigation systems that are designed to protect the
watershed;
j. Working capital for long-gestating projects; and
k. Credit guarantees on uncollaterized loans to farmers and fisherfolks.
Section 24. Review of the mandates of Land Bank of the Philippines Crop Insurance Corporation,
Guarantee Fund For Small and Medium Enterprises, Quedan and Rural Credit Guarantee
Corporation, Agricultural Credit Policy Council. - The Department of Finance shall commission and
independent review of the charters and the respective programs of the Land Bank of the Philippines
(LBP), Philippine Crop Insurance Corporation (PCIC), Guarantee Fund for Small and Medium
Enterprises (GFSME), Quedan and Rural Credit Guarantee Corporation (Quendancor), and
Agricultural Credit Policy Council (ACPC), and recommend policy changes and other measures to
induce the private sectors participation in lending to agriculture and to improve credit access by
farmers and fisherfolk: Provided, That agriculture and fisheries projects with long gestation period
shall be entitled to a longer grace period in repaying the loan based on the economic life of the
project.
The Land Bank of the Philippines, shall, in accordance with its original mandate, focus primarily on
plans and programs in relation to the financing of agrarian reform and the delivery of credit services
to the agriculture and fisheries sectors, especially to small farmers and fisherfolk.
The review shall start six (6) months after the enactment of this Act. Thereafter, the review shall
make recommendations to the appropriate Congressional Committees for possible legislative
actions and to the Executive Branch for policy and program changes within six (6) months after
submission.
Section 25. Rationalization of Credit Guarantee Schemes and Funds. - All existing credit
guarantee schemes and funds applicable to the agriculture and fishery sectors shall be rationalized
and consolidated into an Agriculture and Fisheries Credit Guarantee Fund. The rationalization shall
cover the credit guarantee schemes and funds operated by the Quendancor, the GFSME and the
Comprehensive Agricultural Loan Fund. The Agriculture and Fisheries Credit Guarantee Fund shall
be managed and implemented by the Quendancor Provided, That representation to the Quendancor
Board shall be granted to cooperatives, local government units and rural financial institutions;
Provided, further, That credit guarantee shall be given only to small-scale agriculture and fisheries
activities and to countryside micro-small, and medium enterprises. It may also cover loan guarantees
for purchase orders and sales contracts.
The Agriculture and Fisheries Credit Guarantee Fund shall be funded by at least ten percent (10%)
of the funding allocation for the AMCFP.
Chapter 4
Irrigation
Section 26. Declaration of Policy. - It is the policy of the State to use its natural resources
rationally and equitably. The state shall prevent the further destruction of watersheds, rehabilitate
existing irrigation systems and promote the development of irrigation systems that are effective,
affordable, appropriate, and efficient.
In the choice of location-specific irrigation projects, the economic principle of comparative advantage
shall always be adhered to.
Section 27. Research and Development. - Irrigation Research and Development (R&D) shall be
pursued and priority shall be given to the development of effective, appropriate , and efficient
irrigation and water management technologies.
The Department shall coordinate with the Department of Environment and Natural Resources
concerning the preservation and rehabilitation of watersheds to support the irrigation systems.
Section 28. Criteria for Selection of Irrigation Development Scheme. - The Selection of
appropriate scheme of irrigation development shall be location-specific and based on the following
criteria:
a. Technical feasibility;
b. Cost-effectiveness;
c. Affordability, low investment cost per unit area;
d. Sustainability and simplicity of operation;
e. Recovery of operation and maintenance cost;
f. Efficiency in water use;
g. Length of gestation period; and
h. Potential for increasing unit area productivity.
All irrigation projects shall, in addition to the criteria enumerated above, be subjected to a social
cost-benefit analysis.
Section 29. Simplified Public Bidding. - The construction, repair, rehabilitation, improvement, or
maintenance of irrigation projects and facilities shall follow the Commission on Audit (COA) rules on
simplified public bidding.
Irrigation projects undertaken by farmers, farmer's organizations and other private entities whose
funding is partly or wholly acquired by way of loan from government financial institutions shall not be
subject to the bidding requirements of the government.
Section 30. National Irrigation Systems (NIS). - The National Irrigation Administration (NIA) shall
continue to plan, design, develop, rehabilitate, and improve the NISs. It shall continue to maintain
and operate the major irrigation structures including the head works and main canals.
In addition, the NIA is mandated to gradually turn over operation and maintenance of the National
Irrigation System's secondary canals and on-farm facilities to Irrigators' Associations
Section 31. Communal Irrigation Systems (CIS). - The Department shall, within five (5) years from
the effectivity of this Act, devolve the planning, design and management of CISs, including the
transfer of NIA's assets and resources in relation to the CIS, to the LGUs. The budget for the
development, construction, operation and maintenance of the CIS and other types of irrigation
systems shall be prepared by and coursed through the LGUs. The NIA shall continue to provide
technical assistance to the LGUs even after complete devolution of the Irrigation Systems to the
LGUs, as may be deemed necessary.
Section 32. Minor Irrigation Schemes. - The Department shall formulate and develop a plan for the
promotion of a private sector-led development of minor irrigation systems, such as Shallow Tube
Wells (STWs), Low-Lift pumps (LLPs) and other inundation systems. the plan shall be included in the
Short-term Agriculture and fisheries Modernization Plan.
Section 33. Other Irrigation Construction Schemes. - The Government shall also encourage the
construction of irrigation facilities through other viable schemes for the construction of irrigation such
as build-operate-transfer, build-transfer and other schemes that will fast-track the development of
irrigation systems.
b. Demand data
c. Price and Price trends;
d. Product standards for both fresh and processed agricultural and fisheries projects;
e. Directory of, but not limited to cooperatives, traders, key market centers, processors and
business institutions concerned with agriculture and fisheries at the provincial and municipal
levels;
f. Research information and technology generated from research institutions involved in
agriculture and fisheries;
g. International, regional and local market forecasts; and
h. Resource accounting data.
Section 43. Initial Set-up. - The Department shall provide technical assistance in setting -up the
NIN at the local level through the cooperatives and the LGUs Provided , That , at the local level, a
system that will make marketing information and services related to agriculture and fisheries will be
readily available in the city/municipal public market for the benefit of the producers, traders and
consumers.
Section 44. Role of Government Agencies. - The Bureau of Agricultural Statistics will serve as the
central information server and will provide technical assistance to end-users in accessing and
analyzing product and market information and technology.
The Department of Transportation and Communications shall provide technical and infrastructure
assistance to the Department in setting up the NIN.
LGUs shall coordinate with the Department for technical assistance in order to accelerate the
establishment and training of information end-users in their respective jurisdictions.
The Cooperative Development Authority shall coordinate with the Department for technical
assistance in order to provide training assistance to cooperatives in the use of market information
and technology.
Section 45. Role of Private Sector. - The NIN shall likewise be accessible to the private sector
engaged in agriculture and fisheries enterprises. The Department shall formulate guidelines and
determine fees for private sector entities that use the NIN.
Chapter 6
Other Infrastructure
Section 46. Agriculture and Fisheries Infrastructure Support Services. - The Department of
Public Works and Highways , the Department of Transportation and Communications, the
Department of Trade and Industry and the LGUs shall coordinate with the Department to address the
infrastructure requirements in accordance with this Act Provided, that The Department and the LGU
shall also strengthen its agricultural engineering support in carrying out the smooth and expeditious
implementation of agricultural infrastructure projects.
Section 47. Criteria for Prioritization. - The prioritization of government resources for rural
infrastructure shall be based on the following criteria:
a. Agro-industrial potential of the area;
b. Socio-economic contributions of the investments in the area;
c. Absence of public investments in the area; and
d. Presence of agrarian reform beneficiaries and other small farmers and fisher folk in the
area.
Section 48. Public Infrastructure Facilities. - Public Infrastructure investments shall give
preference to the kind , type and model of infrastructure facilities that are cost-effective and will be
useful for the production, conservation, and distribution of most commodities and should benefit the
most number of agriculture and fisheries producers and processors.
Section 49. Private Infrastructure Facilities. - For infrastructure facilities primarily benefiting
private investors, the State shall facilitate the purchase and use of such utilities and shall keep to the
minimum the bureaucratic requirements for these types of investments. Private investors include
cooperatives or corporations of agriculture and fisheries producers and processors.
Section 50. Public Works Act. - The Department of Public Works and Highways shall coordinate
with the Department for the purpose of determining the order of priorities for public works funded
under the Public Works Act directly or indirectly affect agriculture and fisheries.
Section 51. Fishports, Seaports and Airports. - The Department of Transportation and
Communications, Philippine Ports Authority and Philippine Fisheries Development Authority shall
coordinate with the Department for the purpose of determining priority fishports, seaports and
airports and facilitating the installation of bulk-handling and storage facilities , and other post-harvest
facilities needed to enhance the marketing of agriculture and fisheries products Provided, that
fishports , seaports an airports are also equipped with quarantine , sanitary and phytosanitary
centers. The Department of Transportation and Communications (DOTC) shall have the mandate to
cancel arrastre and cargo handling franchises among operators whom it deems inefficient and/or
ineffective owing, but not limited to, a past history of under-capitalization, lack of equipment and lack
of professional expertise. The DOTC shall recommend to the Philippine Ports Authority and consult
with ship-owners and ship-operators in assessing the cargo-handling capabilities of cargo operators
prior to extending new franchises or awards.
Section 52. Farm-to-Market Roads. - The Department shall coordinate with the LGUs and the
resident-farmers and fisher folk in order to identify priority locations of farm-to -market roads that
take into account the number of farmer and fisher folk and their families who shall benefit therefrom
and the amount , kind and importance of agricultural and fisheries products produced in the area.
Construction of farm-to-market roads shall be a priority investment of the LGUs which shall provide a
counterpart of not less than ten percent (10%) of the project cost subject to their IRA in the area.
Section 53. Rural Energy. - The Department shall coordinate with the Department of Energy
(DOE), the Department of Public Works and Highways (DPWH), the National Electrification
Administration (NEA) and the National Power Corporation (NAPOCOR) for the identification and
installation of appropriate types of energy sources particularly in the use of non-conventional energy
sources for the locality in order to enhance agriculture and fisheries development in the area.
Section 54. Communications Infrastructure. - The Department shall coordinate with the DOTC to
facilitate the installation of telecommunication facilities in priority areas, in order to enhance
agriculture and fisheries development .
Section 55. Water Supply System. - The Department shall coordinate with the DPWH and the
LGUs for the identification and installation of water supply system in the locality for agro-industrial
uses to enhance agriculture and fisheries development in the area.
Section 56. Research and Technology Infrastructure. - The Department in coordination with other
government agencies shall give priority and facilitate the funding of infrastructure necessary for
research ventures such as farm laboratories and demonstration farms with state colleges and
universities that derive their core funds from the Department .
Section 57. Post-Harvest Facilities. - The Department shall coordinate with the Bureau of PostHarvest for Research and Extension and the Post-harvest Horticulture, Training and Research
Center of the University of the Philippines, Los Baos, to identify appropriate post-harvest facilities
and technology needed to enhance agriculture and fisheries development in the area.
Section 58. Public Market and Abattoirs. - The Department shall encourage the LGUs to turn over
the management and supervision of public markets and abattoirs to market vendors' cooperatives
and for that purpose, the appropriation for post-harvest facilities shall include the support for market
vendor' facilities.
The Department shall coordinate with the LGUs in the establishment of standardized market
systems and use of sanitary market , facilities , and abattoirs, intended to ensure the food safety and
quality.
All markets shall have a sanitation unit, proper and adequate drainage and sewerage system, ample
water supply, public toilets with lavatories, garbage receptacles, ice plants and cold storage,
adequate lighting and ventilation and supply of electricity to ensure cleanliness and sanitation. Price
monitoring bulletin boards for selected commodities and weighing scales accessible to the public
shall also be established.
Proper protection and preservation of agriculture and fisheries products being sold in the market
shall also be observed. All foods which require no further cooking shall be wrapped , covered , or
enclosed in containers to preserve the freshness and prevent contamination. Selling of products on
market floors shall be prohibited.
Section 59. Agricultural Machinery. - The Department shall give priority to the development and
promotion of appropriate agricultural machinery and other agricultural mechanization technologies to
enhance agricultural mechanization in the countryside.
Chapter 7
Products Standardization and Consumer Safety
Section 60. Declaration of Policy. - It is the policy of the State that all sectors involved in the
production, processing, distribution and marketing of food and non-food agricultural and fisheries
products shall adhere to, and implement the use of product standards in order to ensure consumer
safety and promote the competitiveness of agriculture and fisheries products.
Section 61. Bureau of Agriculture and Fisheries Product Standards. - The Department, within
six (6) months after the approval of this act, and in consultation with the Department of Trade and
Industry and the Bureau of Food and Drug, shall establish the Bureau of Agriculture and Fisheries
Product Standards (BAFPS).
Section 62. Coverage. - The BAFPS shall set and implement standards for fresh, primary-and
-secondary-processed agricultural and fishery products.
Section 63. Powers and Functions. - The BAFPS shall have the following powers and functions:
a. Formulate and enforce standards of quality in the processing, preservation, packaging,
labeling, importation, exportation, distribution, and advertising of agricultural and fisheries
products;
b. Conduct research on product standardization, alignment of the local standards with the
international standards; and
c. Conduct regular inspection of processing plants, storage facilities, abattoirs, as well as
public and private markets in order to ensure freshness, safety and quality of products.
Section 64. Pool of Experts and Advisers. - The BAFPS may coordinate, seek the services of,
and consult with both private and governmental agencies, research institute, educational
establishments and such other individuals and entities with expertise in the field of product standards
and consumer safety.
The Department of Trade and Industry, the Food and Nutrition Research Institute, and the Bureau of
Food and Drug Administration shall provide technical advice and form part of the pool of
experts/advisers of the BAFPS.
TITLE 2
HUMAN RESOURCE DEVELOPMENT
Section 65. Declaration of Policy. - It is hereby declared the policy of the State to give priority to
education and training on science and technology in order to accelerate social progress and promote
total human liberation and development.
The State shall promote industrialization and full employment, based on sound agriculture and
fisheries development and agrarian reform, through industries that make full and efficient use of
human and natural resources.
Section 66. National Agriculture and Fisheries Education System (NAFES). - The Commission
on Higher Education (CHED), in coordination with the Department and appropriate government
agencies, shall establish a National Agriculture and Fisheries Education System (NAFES) which
shall have the following objectives:
a. To establish, maintain and support a complete and integrated system of agriculture and
fisheries education relevant to the needs of the economy, the community and society.
b. To modernize and rationalize agriculture and fisheries education from the elementary to
the tertiary levels;
c. To unify, coordinate and improve the system of implementation of academic programs that
are geared toward achieving agriculture and fisheries development in the country; and
d. To upgrade the quality , ensure sustainability and promote the global competitiveness, at
all levels, of agriculture and fisheries education.
Section 67. Education Program for Elementary and Secondary Levels. - There is hereby
established an Agriculture and Fisheries Education Program, under the NAFES specially designed
for elementary and secondary levels. The program shall be formulated, organized and implemented
by the DECS with the following objectives:
a. to develop appropriate values that form the foundation for sustained growth in agriculture
and fisheries modernization.
b. to increase the attractiveness of agriculture and fisheries education, so that more young
and talented person will look at agriculture and fisheries as an acceptable option for career
and livelihood;
c. to promote appreciation of science in agriculture and fisheries development;
d. to develop among students, positive attitudes towards entrepreneurship and global
competition in the agriculture and fisheries business;
e. to improve the present curriculum in the elementary and secondary levels by emphasizing
the core values necessary for agriculture and fisheries modernization; and
f. to develop an outreach program where students, parents and schools become instruments
in effecting positive changes in the pupil's home and community.
Section 68. Post-Secondary Education Program. - There is hereby established a Post-Secondary
Education Program for Agriculture and Fisheries under the NAFES, which shall be formulated and
developed by TESDA in coordination with the appropriate government agencies and the private
sector. The program shall include, among others, the following:
a. a mechanism for a flexible process of curriculum development;
b. integration of the dual training system in the various agricultural curricula and training
programs;
c. integration of entrepreneurship and global competitiveness in the agro-fisheries curricula;
d. institutionalizing agriculture and fisheries skills standards and technical testing and
certification;
e. regular upgrading of learning/training facilities, school buildings , laboratory equipment;
and
agriculture and fisheries which shall serve as an instrument that will provide over-all direction in
setting priorities in curricular programs, enrollment, performance targets, and investment programs.
Section 73. Output-Oriented Performance Standards. - In order to ensure the institutional
accountability, efficiency, and quality, there shall be formulated and developed an Output-Oriented
Performance Standards which shall serve as the primary instrument for institutional evaluation.
For this purpose, all public and private universities and colleges, that are designated as centers of
excellence, shall cause to be installed a computerized monitoring and evaluation system that
periodically collects and regularly measures variables indicating institutional performance based on
the Output-Oriented Performance Standards.
Section 74. Evaluation System. - Not later than one (1) year from the effectivity of this Act, the
CHED shall establish a baseline information using the Output-Oriented Performance Standards
referred to in Section 73 of this Title. Once every five (5) years thereafter, all designated NCEs in
agriculture and fisheries shall be subject to a third party evaluation.
The evaluation shall include, among others, management and educational experts of national stature
and representatives of key sectors of the agriculture and fisheries industries, as well as
representatives of the Department, the Department of Environment and Natural Resources, the
Department of Science and Technology, and the National Economic and Development Authority.
Section 75. Agriculture and Fisheries Board. - There shall be created an Agriculture and Fisheries
Board in the Professional Regulation Commission to upgrade the Agriculture and Fisheries
profession.
Those who have not passed the Civil Service Examination for Fisheries and Agriculture but have
served the industry in either private or public capacity for not less than five (5) years shall be
automatically granted eligibility by the Board of Examiners.
The first board of examination for B.S. Fisheries and/or Agriculture Graduates shall be conducted
within one (1) year from the approval of this Act.
Section 76. Continuing Agriculture and Fisheries Education Program. - The Commission on
Higher Education, the Department of Education, Culture and Sports and Technical Education and
Skills Development Authority, in coordination with the Department and the public and private
universities and colleges, shall formulate and develop a National and Integrated Continuing
Agriculture and Fisheries Education Program, which shall address the current education and training
requirements of teachers, professors and educators in agriculture and fisheries.
For this purpose, pre-service and in-service training of teachers in Home Economics Livelihood
Education (HELE) for the primary level and Technology and Home Economics (THE) for the
Secondary level, shall be upgraded.
Section 77. Scholarship Program. - The CHED in coordination with the public and private
universities and colleges, TESDA and the DBM, shall develop a national scholarship program that
provides opportunities for deserving academic staff to pursue advanced degrees in agriculture and
fisheries. Where appropriate, such scholarship program shall also provide opportunities for graduate
work in foreign universities.
Section 78. Merit System. - To promote the development of scientific excellence and academic
scholarship, the public and private universities and colleges, in cooperation with the CHED and the
DBM, shall institute an output- oriented unified system of promotion for the academic personnel.
Section 79. Budgetary Allocation Scheme. - The Budgetary Allocation Scheme for NAFES shall
be as follows:
a. The current appropriation or budgets of state universities and colleges, that are herein
designate as NCEs, shall continue and shall be modified and adjusted in succeeding years
in order to meet the standards of the rationalized programs of the institutions as approved by
Congress and shall be included in the annual General Appropriations Act;
b. NCEs that are created under this Act shall likewise be provided with budgetary support
based on their programs and a new staffing pattern as approved by DBM and shall be
included in the annual General Appropriations Act.
TITLE 3
RESEARCH DEVELOPMENT AND EXTENSION
Chapter 1
Research and Development
Section 80. Declaration of Policy. - It is hereby declared the policy of the State to promote science
and technology as essential for national development and progress.
The State shall likewise give priority to research and development, invention, innovation, and their
utilization and to science and technology education, training, and services. In addition to appropriate
and relevant technology, the state shall support indigenous and self-reliant scientific and
technological capabilities, and their application to the country's productive system and national life.
Section 81. The National Research and Development System in Agriculture and Fisheries. The Department, in coordination with the Department of Science and Technology and other
appropriate agencies and research institutions shall enhance, support and consolidate the existing
National Research and Development System in Agriculture and Fisheries within six (6) months from
the approval of this Act. Provided, That fisheries research and development shall be pursued
separately, from but in close coordination with that of agriculture.
Section 82. Special Concerns in Agriculture and Fisheries Research Services. - Agriculture and
Fisheries Research and Development activities shall be multidisciplinary and shall involve farmers,
fisherfolk and their organizations, and those engaged in food and non-food production and
processing including the private and public sectors.
Research institutions and centers shall enjoy autonomy and academic freedom. The Department, in
collaboration with the Department of Science and Technology and other appropriate agencies, shall
harmonize its merit and output-oriented promotion system governing the scientific community in
order to promote increased research excellence and productivity and provide the government
research system a competitive edge in retaining its scientific personnel.
Appropriate technology shall be used to protect the environment, reduce cost of production , improve
product quality and increase value added for global competitiveness.
Section 83. Funds for Research and Development. - Considering the nature of research,
development and extension activities, funding shall be based on the following guidelines:
a. Allocation of multi-year budgets which shall be treated as research and development
grants.
b. The budget for agriculture and fisheries research and development shall be at least one
percent (1%) of the gross value added (GVA) by year 2001 allocating at least one percent
(1%) of the total amount by 1999. The Department of Finance (DOF) in consultation with the
Department shall formulate revenue enhancement measures to fund this facility.
c. At least twenty percent (20%) shall be spent in support of basic research and not more
than eighty percent (80%) shall be used for applied research and technology packaging and
transfer activities.
d. A science fund shall be established from which the scientific community in agriculture and
fisheries shall draw its financial resource for sustained career development, Provide, That
only the interest earnings of the funds shall be used.
The Department and other research agencies, in the national interest, are encouraged to go into cofinancing agreements with the private sector in the conduct of research and development provided
that the terms and conditions of the agreement are beneficial to the country.
Section 84. Excellence and Accountability in Research and Development. - The Department, in
collaboration with the Department of Science and Technology and other appropriate government
agencies, shall formulate the national guidelines in evaluating research and development activities
and institutions, which shall involve an independent and interdisciplinary team of collegial reviewer
and evaluators.
Section 85. Communication of Research Results and Research-Extension Linkage. - Research
information and technology shall be communicated through the National Information Network (NIN)
All government agencies including the state colleges and universities and private educational
institutions selected as NCEs shall be computerized , networked , provided with regular updated
information and shall likewise provide, through the NIN results of research and development
activities and current available technology relating agriculture and fisheries.
Chapter 2
Extension Services
Section 86. Declaration of Policy. - It is hereby declared the policy of the State to promote science
and technology as essential for national development and progress. The State shall give priority for
the utilization of research results through formal and non-formal education, extension, and training
services. It shall support the development of a national extension system that will help accelerate the
transformation of Philippine agriculture and fisheries from a resource -based to a technology-based
industry.
Section 87. Extension Services. - Agriculture and Fisheries extension services shall cover the
following major services to the farming and fishing community:
a. Training services;
Section 100. Principles. - Rural industrialization and industry dispersal programs shall be based on
the interplay of market forces. The Board of Investments (BOI) is hereby required to give the highest
priority to the grant of incentives to business and industries with linkages to agriculture.
Section 101. Role of Government Agencies. - The appropriate government agencies, under the
leadership of the LGUs concerned, shall provide integrated services and information to prospective
enterprises under the one-stop-shop concept.
Local government units are authorized to undertake investment and marketing missions provided
that the costs of such missions are borne by the LGUs concerned. In making their land use plans,
the LGUs, in consultation with the appropriate government agencies concerned, shall identify areas
for industrial parks.
The Department shall coordinate with the Department of Trade and Industry , in particular, the Board
of Investments, in the formulation of investments priorities for rural areas.
The Regional Wage Boards shall consult participating enterprises in this program before they issue
wage orders.
Section 102. Participating Enterprises. - Participating enterprises may request any government
agency for training, technical and advisory services free of cost.
A set of incentives shall be given to enterprises that subcontract part of their production to farmers,
fisherfolk and landless workers during periods when they are not engaged in agricultural activities.
Section 103. Financing. - Except for basic infrastructure and other goods that benefit all citizens,
the facilities of this program should be undertaken and financed by the private sector.
Chapter 4
Training of Workers
Section 104. Role of TESDA. - TESDA shall organize local committees that will advise on the
scope, nature and duration of training for the above-mentioned programs.
TESDA is authorized to request the additional budgetary resources for these programs: Provided,
That after a reasonable period, the task of coordinating the training is transferred to the LGUs
concerned.
Section 105. Role of the DENR. - The Department and the DENR shall organize the training of
workers in coastal resources management and sustainable fishing techniques.
Section 106. Role of the Technology and Livelihood Resource Center (TLRC). - The TLRC shall
undertake field training in entrepreneurship and management of workers involved in the basic needs
program.
Section 107. Special Training Projects for Women. - The Department, in collaboration with the
appropriate government agencies concerned shall plan and implement special training projects for
women for absorption in the basic needs and rural industrialization programs.
TITLE 5
TRADE AND FISCAL INCENTIVES
Section 108. Taxation policies must not deter the growth of value-adding activities in the rural areas.
Section 109. All enterprises engaged in agriculture and fisheries as duly certified by the Department
in consultation with the Department of Finance and the board of Investment, shall, for five (5) years
after the effectivity of this Act, be exempted from the payment of tariff and duties for the importation
of all types of agriculture and fisheries inputs, equipment and machinery such as, but not limited to,
fertilizer, insecticide, pesticide, tractor, trailers, trucks, farm implements and machinery, harvesters,
threshers, hybrid seeds, genetic materials, sprayers, packaging machinery and materials, bulkhandling facilities such as conveyors and mini loaders, weighing scales, harvesting equipment,
spare parts of all agricultural equipment, fishing equipment and parts thereof, refrigeration
equipment, and renewable energy systems such as solar panels Provided, however,That the
imported agricultural and fishery inputs, equipment and machinery shall be for the exclusive use of
the importing enterprise.
The Department, in consultation with the Department of Finance and the Board of Investment, shall,
within ninety (90) days from the effectivity of this Act, formulate the implementing rules and
regulations governing the importation of agriculture and fishery inputs, equipment and machinery.
Section 110. Any person, partnership, corporation, association and other juridical entity found
circumventing the provisions of Section 109 of this Act shall suffer the penalty of imprisonment for a
period of not less than six (6) months but not more than one (1) year, or a fine equivalent to two
hundred percent (200%) of the value of the imported materials, or both, at the discretion of the court,
and the accessory penalties of confiscation of the imported goods in favor of the government and
revocation of the privileges given under this title.
In cases where the violator is a juridical entity, the officers responsible in the violation of Section 109
shall suffer the penalty of imprisonment prescribed in this Section.
The importation of goods equivalent to or exceeding the declared assets of the enterprise,
partnership, or the authorized capital stock in case of corporations, and/or the resale of the imported
goods shall be a prima facie evidence of the violation of the provisions of Section 109 of this Act.
GENERAL PROVISIONS
Section 111. Initial Appropriation. - For the first year of implementation of this Act, the amount of
Twenty Billion pesos (P20,000,000,000.00) is hereby appropriated. The Department is hereby
authorized to re-align its appropriations in the current year of the date of effectivity of this Act to
conform with the requirements of this Act Provided, That the amount shall be allocated and
disbursed as follows:
1. Thirty percent (30%) for irrigation;
2. Ten percent (10%) for post-harvest facilities Provided, That the Secretary of Agriculture
may invest up to fifty percent (50%) of the said amount to fund post-harvest facilities of
cooperatives, especially market vendors' cooperatives, where said cooperatives exist and
are operational Provided, further, That if no cooperatives are operational, said amount shall
fund the post-harvest facilities of the market -assistance system;
3. Ten percent (10%) for other infrastructure including fishports, seaports, and airports, farmand -coast-to-market roads, rural energy, communications infrastructure, watershed
rehabilitation, water supply system, research and technology infrastructure, public markets
and abattoirs;
4. Ten percent (10%) for the Agro-industry Modernization Credit and Financing Program
(AMCFP) to be deposited by the Department in participating rural-based public and private
financial institutions provided that no less than fifty percent (50%) of said funds shall be
deposited in rural banks in cooperative banks;
5. Eight percent (8%) for the implementation of the Farmer-Fisherfolk Marketing Assistance
System and support of market vendors' cooperatives;
6. Ten percent (10%) for research and development, four percent (4%) of which shall be
used to support the Biotechnology Program;
7. Five percent (5%) for capability-building of farmers and fisherfolk organizations and LGUs
for the effective implementation of the agriculture and fisheries programs at the local level;
8. Six percent (6%) for salary supplement of Extension Workers under the LGUs;
9. Five percent (5%) for NAFES , for the upgrading of the facilities of State Universities and
Colleges that will be chosen as national center of excellence in agriculture and fisheries
education;
10. Four percent (4%) for the National Information Network (NIN) consisting of both the
national and local levels;
11. One-and-three-fourth percent (1.75%) for SUC- and TESDA-administered Rural NonFarm Employment Training; and
12. One-fourth percent (0.25%) for the identification of the SAFDZs.
Section 112. Continuing Appropriation. - The Department of Budget and Management (DBM) is
hereby mandated to include annually in the next six (6) years, in the President's Program of
expenditures for submission to Congress, and release, an amount not less than Seventeen billion
pesos (P17,000,000,000.00) for the implementation of this Act.
Additional funds over and above the regular yearly budget of the Department shall be sourced from
twenty percent (20%) of the proceeds of the securitization of government assets, including the
Subic, Clark, and other special economic zones.
Other sources of funds shall be from the following:
a. Fifty Percent (50%) of the net earnings of the Public Estates Authority;
b. Loans, grants, bequest, or donations, whether from local or foreign sources;
c. Forty percent (40%) of the TESDA Skills Development Fund;
d. Net proceeds from the privatization of the Food Terminal Inc. (FTI), the Bureau of Animal
Industry (BAI), the Bureau of Plant Industry (BPI), and other assets of the Department that
will be identified by the DA Secretary and recommended to the President for privatization;
e. Proceeds from the Minimum Access Volume (MAV) in accordance with the provisions of
Republic Act No. 8178;
f. Poverty alleviation Fund; and
g. Fifty Percent (50%) of the Support Facilities and Services Fund under Republic Act No.
6657.
Section 113. Implementing Rules and Regulations. - The Secretary within ninety (90) working
days after the effectivity of this act, together with the Department of Agrarian Reform (DAR),
Department of Environment and Natural Resources (DENR), Department of Finance (DOF),
Department of Science and Technology (DOST), Department of Trade and Industry (DTI),
Commission on Higher Education (CHED), Technical Education and Skills Development Authority
(TESDA), Department of Education , Culture and sports (DECS), Department of Social services and
Development (DSSD), National Economic and Development Authority (NEDA), Department of
Budget and Management (DBM), Department of Labor and Employment (DOLE), Commission on
Audit (COA), Civil Service Commission (CSC), in consultation with other agencies concerned,
farmers, fisherfolk and agribusiness organizations, and in coordination with the Congressional
Oversight committee on Agriculture and Fisheries Modernization, shall promulgate the rules and
regulations for the effective implementation of this act.
The Secretary shall submit to the Committee on Agriculture of both houses of congress copies of the
implementing rules and regulations within thirty (30) days after their promulgation.
Any violation of this section shall render the official/s concerned liable under Republic Act. No. 6713
otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees"
and other existing administrative and/or criminal laws.
Section 114. Congressional Oversight Committee on Agricultural and Fisheries
Modernization. - A congressional Committee on Agricultural and Fisheries Modernization is hereby
created to be composed of the Chairs of the Committee on Agriculture of both Houses, six (6)
members of the House of Representatives and six (6) members of the Senate, to be designated
respectively by the Speaker of the House and the President of the Senate, who shall endeavor to
have the various sectors and regions of the country represented.
The Chairs of the Committees on Agriculture in the Senate and House of Representatives, shall be
respectively, the Chair and Co-Chair of the Oversight Committee. The other members shall receive
no compensation: however, traveling and other necessary expenses shall be allowed.
The Committee shall oversee and monitor the implementation of the Congressional Commission on
Agricultural Modernization (AGRICOM) recommendations as well as all programs, projects and
activities related to agriculture and fisheries, and its allied concerns in both public and private
sectors, with a view to providing all legislative support and assistance within the powers of Congress
to ensure their inclusion, wherever feasible, in the national, regional, provincial, municipal, and
sectoral development plans to recommend the disposal of assets no longer needed by the
Department to fund the modernization program, and to see them through their successful
implementation.
Section 115. Powers and Functions of the Committee. - The Congressional Oversight on
Agriculture and Fisheries Modernization shall have the following powers and functions: